Florida District Courts of Appeal, 1992

Lawler v. State

Lawler v. State
Florida District Courts of Appeal · Decided November 12, 1992 · Glickstein, Gunther, Stone
609 So. 2d 658; 1992 Fla. App. LEXIS 11919; 1992 WL 324858 (Southern Reporter, Second Series)

Lawler v. State

Opinion of the Court

PER CURIAM.

The state urges this court to stay the instant appeal pending the Florida Supreme Court’s review of Williams v. State, 593 So.2d 1064 (Fla. 4th DCA 1990), rev. granted, No. 79,507 (Fla. July 6, 1992). However, this court has routinely recertified the question in Williams, reversed the defendant’s conviction, and remanded to the trial court with directions to discharge the defendant. See Nero v. State, 604 So.2d 550 (Fla. 4th DCA 1992); Palmer v. State, 602 So.2d 577 (Fla. 4th DCA 1992); Johnson v. State, 599 So.2d 1057 (Fla. 4th DCA 1992); Sheffield v. State, 599 So.2d 1057 (Fla. 1992). Given this court’s ruling in Kelly v. State, 593 So.2d 1060 (Fla. 4th DCA), rev. denied, 599 So.2d 1280 (Fla. 1992), that appellant has been deprived due process of law, we see no reason to delay consideration of the instant appeal. Accordingly, we recertify the question in Williams, reverse appellant’s conviction, and remand to the trial court with directions to discharge appellant.

GLICKSTEIN, C.J., and GUNTHER and STONE, JJ., concur.

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